ORDER :

1. Leave granted. Applications for impleadment are allowed to the extent of intervention.

2. All these appeals have been preferred against the impugned common judgment and final order of the Division Bench of the High Court of Judicature at Allahabad on 30.05.2018 in Special Appeal NO.506/2018 deciding the bunch of the matters.

3. The singular question involved is whether the incumbents who were pursuing any of the Teachers Training Course (for short ‘TTC’) (recognized by the National Council for Teachers Education (for short ‘NCTE’) or the Rehabilitation Council of India (for short ‘RCI’) as the case may be) could have appeared in the Teachers Eligibility Test (for short ‘TET’) prescribed by the NCTE?

4. The basic education is defined under Section 2(1)(b) of the Uttar Pradesh Basic Education Act, 1972 (for short "Act of 1972") to mean education up to class VIII imparted in schools other than high schools or intermediate colleges. Section 19 of the Act of 1972 provides for rulemaking power of the State Government and envisages that the State Government by notification may make rules for carrying out purposes of the Act. The Uttar Pradesh Basic Education (Teachers) Service Rules, 1981 have been framed in exercise of the powers under Section 19 of the Act of 1972. Rule 8 of the 1981 Rules provides for essential qualification of the candidates for appointment to the post of Assistant Master of Senior Basic School and Assistant Mistress of Senior Basic School for teaching Science and Mathematics and require a candidate to have Bachelor Degree with Science and Mathematics and training qualification of B.T.C., C.T., B.Ed. and B.Ed. Special Education or a course recognized by RCI and passed Teacher Eligibility Test conducted by the Uttar Pradesh Government or the Government of India.

4.1. The Right of Children to Free and Compulsory Education Act, 2009 (in short ‘Act of 2009') was enacted w.e.f. 16.02.2010. The Central Government in exercise of power under subSection (1) of Section 23 of the Act of 2009 vide notification dated 31.3.2010 authorized the NCTE as an academic authority to lay down the minimum qualification for a person to be eligible for appointment as a teacher. The Constitution (EightySixth Amendment) Act, 2002 inserting Article 21A relating to the Right to Education was given effect from 01.04.2010. Article 21A postulates that the State shall provide free and compulsory education to all the children of age from 6 to 14 years in such manner as the State may determine. The NCTE, the academic authority, laid down minimum qualification for a person to be eligible for appointment as a teacher in class I to class VIII. The dispute in this matter is confined to the appointment of Assistant Teacher in Class VI to VIII.

4.2 The NCTE vide notification dated 23.08.2010 laid down the qualifications for minimum qualifications for a person to be eligible for appointment as a teacher in class I to VII as under:

“1. Minimum Qualifications:

(I) Classes IV

(a) Senior Secondary (or it's equivalent) with at least 50 % marks and a 2-year diploma in Elementary Education (by whatever name known)

or

Senior Secondary (or it's equivalent) with at least 45% marks and 2-year Diploma in Elementary Education (by whatever name known), in accordance with the NCTE (Recognition Norms and Procedure), Regulations 2002.

or

Senior Secondary (or it's equivalent) with at least 50% marks and 4 year Bachelor of Elementary Education (B.El.Ed.)

or

Senior Secondary (or it's equivalent) with at least 50% marks and 2-year Diploma in Education (Special Education)

AND

(b) Pass in the Teacher Eligibility Test (TET), to be conducted by the appropriate Government in accordance with the guideline framed by the NCTE for the purpose.

(ii) Classes VIVIII

(a) B.A./B.Sc and 2-year Diploma in Elementary Education (by whatever name known)

or

B.A./B.Sc. With at least 50% marks and 1 year Bachelor in Education (B.Ed.)

or

B.A/B.Sc. With at least 45% marks and 1 year Bachelor in Education (B.Ed.